11/05/2025 | Press release | Distributed by Public on 11/04/2025 23:17
Caryl Rosen fell while exiting Community Hospital. Rosen sent the hospital a letter requesting "video and/or photos which show [her] being injured." The hospital provided video from a single camera. After filing this lawsuit, Rosen learned there were two other cameras in the area, but the recordings were no longer accessible. Rosen moved the Lake Superior Court for spoliation of evidence sanctions, but the court denied the motion. At trial, Rosen renewed her spoliation objections, and the trial court again rejected them. The jury returned a verdict for the hospital. The Court of Appeals reversed. Rosen v. Community Healthcare Sys., 257 N.E.3d 6 (Ind. Ct. App. 2025), vacated. The Indiana Supreme Court has granted transfer and assumed jurisdiction over the case.